Birth Certificate Change for Transgender Coloradans a Health Issue

The Colorado State Senate will hear a bill Monday that would make it less burdensome for transgender Coloradans to update the gender on their birth certificate.

Current Colorado law requires a person to have “sex reassignment surgery (SRS)” in order to update the gender marker on their birth certificate to accurately reflect their lived gender. For many transgender people, this means the gender on their birth certificate will never be updated to reflect who they are since many people do not want, cannot afford, or do not need surgery. It also means many transgender Coloradans will continue to face discrimination in employment, housing, or even exercising the fundamental right to vote until our law is fixed.

Surgeries, like those required by the state of Colorado to update gender on a birth certificate, are highly invasive procedures performed by very few surgeons in this country — making access to surgery challenging and cost prohibitive. Additionally, these surgeries leave an individual sterile, can have serious complications, and many transgender patients may not qualify for surgery for health reasons.

The federal government determined that requiring surgery to allow transgender people to update their gender on identification documents was onerous, and subsequently dropped the requirement for social security cards, driver’s licenses, and passports in 2010. People can now update their gender marker on federal documents with a letter from their qualified medical provider.

House Bill 1185, the 2016 Birth Certificate Modernization Act, seeks to bring the determination of gender identity to contemporary medical standards and leave surgery options in the hands of the patient and their doctor, not the state government, while bringing our state law in line with federal policy.

Dr. Jamison Green, President of The World Professional Association for Transgender Health (WPATH), said, “No person should have to undergo surgery or accept sterilization as a condition of identity recognition. If a sex marker is required on an identity document, that marker could recognize the person’s lived gender, regardless of reproductive capacity. The WPATH Board of Directors urges governments and other authoritative bodies to move to eliminate requirements for identity recognition that require surgical procedures.”

Dr. Anna Wegleitner, Colorado physician specializing in transgender health, said, “The care we provide has become more individualized to each patient’s needs. It is inappropriate for our laws to dictate the kind of treatment for an individual or to define what interventions and treatment constitute completion of gender change.”

The Colorado Senate Health and Human Services Committee would have been the appropriate committee to review the expert medical testimony and extensive legal and medical documents, such as the WPATH Standards of Care and Ethical Guidelines, pertaining to the modern treatment options and regulation of care of transgender patients.

Unfortunately, this bill will likely meet the same fate as it did last year, since Senate President Bill Cadman chose to assign it to the Senate State, Veterans, and Military Affairs committee — often called the “kill committee.” This bill would help transgender Coloradans and harm no one, but will not be given a fair hearing because of the committee assignment.

“The requirement for surgery in order to change one’s gender on a birth certificate is outdated and should be removed,” said Dr. Dan Reirden of Children’s Hospital Colorado. “For children and adolescents, obtaining a birth certificate that aligns with their affirmed gender, in and of itself, reduces gender dysphoria.”

House Bill 1185 should have been heard by the Senate Health and Human Services Committee, not the State Affairs Committee, which considers matters concerning elections, campaign finance, military and veterans affairs. The determination of when a transgender person should update their birth certificate should be made in consultation with their doctor — not politicians or the government. Unfortunately, until the leadership of the State Senate changes, the government will be making these decisions for transgender Coloradans and their families.

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Todd Garrity, L.Ac. is a public speaker on transgender issues, Complementary Alternative Medicine, and transgender health care for medical providers. www.toddgarrity.com